Gabe's Law: What Safety Professionals Need to Know About the Multi-Storey Car Parks (Safety) Bill

In response, Maria Eagle MP introduced the Multi-Storey Car Parks (Safety) Bill – commonly known as "Gabe's Law" – in the House of Commons on 28 February 2023. The Bill aims to improve safety in multi-storey car parks by raising barrier heights and requiring 24-hour staffing.

Where things stand

The current guidance, under The Building Regulations 2010, requires that guarding rails in multi-storey car parks should be a minimum height of 1.1 metres.

Whilst the 1.1 metre requirement has long been accepted as the standard benchmark, there have been several concerns in recent years about whether the current guidance offers sufficient protection against accidental falls and suicide attempts.

On 30 June 2020, Christopher Pincher, then Minister of State for Housing, Communities and Local Government, responded to a parliamentary question asking what provisions the Government planned to introduce to deter suicides from multi-storey car parks. In his response, he referred to the existing building regulations guidance and confirmed that the Government had no plans to revise statutory Approved Document K guidance to require higher barriers as a suicide prevention measure.

Media reports indicate at least 17 people died after falling from multi-storey car parks in 2022 alone – a figure that excludes unreported incidents and serious injuries from falls. These numbers strengthen the case for reviewing whether current regulations provide sufficient safeguards.

What the Bill proposes

1. Increased Barrier Heights

The minimum height of all perimeter edging be increased from the current requirement of 1.1 metres to 2.7 metres. The bill requires the Secretary of State to approve and issue a revised document K for the purposes of the Building Regulations 2010, within 3 months of the bill being passed.

2. Retrospective Application to Existing Car Parks

The Bill proposes a retrospective approach by requiring owners and operators of existing multi-storey car parks to upgrade or replace perimeter edging to meet the new 2.7 metre standard within one year of the legislation coming into force.

According to Isurv, a platform created and supplied by the Royal Institution of Chartered Surveyors (RICS), there are over 4,500 multi-storey car parks in the UK constructed in accordance with the requirements of the Building Regulations 2010. Any increase in the minimum perimeter edging height to 2.7 metres could therefore have significant financial implications for owners, managers or operators of multi-storey car parks, particularly where structural alterations may be required.

3. Introduction of 24-hour staffing

The Bill also proposes the introduction of mandatory 24-hour staffing and minimum staffing levels for multi-storey car parks.

The Bill also proposes that the Secretary of State will need to present draft regulations to Parliament within 3 months of the Bill being passed, setting out how these requirements would operate in practice. If introduced, owners, managers and operators may face increased operational and employment costs in order to meet the requirements set out in the Bill.

4. Enforcement and Penalties

The Bill includes powers to introduce enforcement mechanisms for non-compliance. This could include both civil sanctions and criminal offences, with financial penalties potentially being imposed on those who fail to comply with updated regulatory requirements.

Will it become law?

A key question for owners, operators and managers is whether the Multi-Storey Car Parks (Safety) Bill is likely to progress into legislation.

The Bill has been introduced as a Private Members' Bill rather than a Public Bill. While Private Members' Bills can be successful, only a relatively small number ultimately receive Royal Assent. Official Parliament figures show that in the 2024-2026 parliamentary session, 295 Private Members Bill’s were introduced but only 8 of these went on to receive Royal Assent and become legislation.

That said, the Bill has several factors working in its favour. The public safety campaign led by Gabe Santer’s father, Johny Santer, has received significant national media coverage including on BBC Radio 4, BBC news and ITV, prompting many others to join the campaign for the Multi-Storey Car Parks (Safety) Bill.

Sarah Valentine, Partner in Eversheds Sutherland’s Regulatory & Investigations team, comments: “As a Private Members’ Bill, there is no guarantee this legislation will become law - historically, such Bills have a low success rate without Government backing. However, the issues it raises around car park safety are gaining public attention, and the direction of travel suggests higher standards may be on the horizon in some form. We would encourage those who own, operate or manage multi-storey car parks to keep this on their radar and consider reviewing existing arrangements, including contractual responsibilities and potential capital requirements, so they are prepared if regulatory changes do follow.”

What this means for you

The Multi-Storey Car Parks (Safety) Bill would mark a major change in how safety is managed in these structures. Although it has not yet become law, the Bill reflects growing concern about protecting people in public buildings.

Owners, managers and operators of multi-storey car parks should keep a close eye on how the Bill progresses. If it passes, they may face significant operational, financial and structural changes.

The Bill’s implications could also reach beyond multi-storey car parks. Property owners, facilities managers, developers, local authorities and anyone responsible for publicly accessible elevated areas should watch how this develops. The Bill signals a broader expectation that those in charge of such spaces should take reasonable steps to prevent foreseeable harm.

At its heart, the Bill is about preventing tragedies like Gabe Santer’s death – and it has reignited debate about whether our current safety standards are still fit for purpose.

Whether the Bill becomes law remains to be seen – the next scheduled review is expected in early 2027. But whatever happens in Parliament, now is a good time for owners, operators and managers to take stock of their car park safety measures. Reviewing barrier heights, staffing arrangements and risk management protocols can help ensure appropriate safeguards are in place, regardless of what the legislation ultimately requires.

Sources:

1. https://projectopengov.org/bills/4186/multi-storey-car-parks-safety-bill/
2. https://bills.parliament.uk/bills/3989
3. Multi-storey Car Parks (Safety) - Hansard - UK Parliament
4. Approved_Document_K.pdf
5. https://questions-statements.parliament.uk/written-questions/detail/2020-06-22/62375
6. https://www.isurv.com/info/418/building_elements/3383/multi-storey_car_parks
7. Private Members' bills - UK Parliament
8. https://gabeslaw.org/